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September 1, 2010

TRIBUNE-STAR EDITORIAL: Cautious approach on teen ‘sexting’

Lawmakers must find right balance

Anonymous The Tribune-Star The Tribune Star Wed Sep 01, 2010, 05:00 AM EDT

TERRE HAUTE — When confronted with what many people view as adverse effects of new technology on youth, the first reaction is often, “there ought to be a law.”

Seem simple enough? Maybe not.

Lawmakers around the country have tied themselves in knots trying to devise ways to deter young people from exchanging nude or sexually explicit photos or videos of minors by electronic communications devices such as cell phones or computers.

The practice, known as “sexting,” is undoubtedly fraught with perils for those who do it. But legislating sexting is fraught with perils as well.

The Indiana Senate followed the lead of other states earlier this year by passing a bill that would make it a delinquent act for those under age 18 to disseminate material that depicts nudity or sexual conduct of minors. The proposal then encountered legal concerns, and the issue was passed to an interim study committee for further research.

Common sense dictates some cases of “sexting,” such as when underage teens do it, or when individuals pass along racy images of underage teens to other individuals or groups. Those cases are clear cut and should bring criminal penalties.

But other instances are not as clear, as pointed out by Steve Johnson, executive director of the Indiana Prosecuting Attorneys Council, in an article from the Associated Press.

Johnson said if the Senate bill had become law, it would mean that teens of legal age could have sex, but it would be a crime for them to exchange nude photos in certain cases. And that’s just one example of a legal problem with the bill.

Even when the interim legislative study committee met last week to discuss the issue, it could not reach consensus on how to proceed. Instead, lawmakers have opted to tread cautiously.

That’s a wise approach. Educating youth about sexting’s risks, which are substantial, is important. Teens with cell phones and computers need to hear about such risks early and often from parents and adults. It is not a harmless exercise.

There may be ways for government to lend a hand in the effort to educate teens and deter them from sexting. Perhaps there are cases in which the juvenile justice system should be involved. But as Indiana lawmakers have found, there is not a simple solution.

The AP reports that at least 16 states have introduced or are considering bills or resolutions aimed at sexting, according to the National Conference of State Legislatures. In general, the legislation is aimed at education, deterrence and imposing penalties.

In Illinois, however, a law already makes it a misdemeanor offense for those under age 17 to knowingly disseminate materials that depict nudity or other sexual activity by electronic transfer.

But does Indiana want to go that far?

Hoosier legislators should be exploring the issue as well, but there is no harm in taking their time and getting it right.

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